Burlington Coat Factory: Trans-Inclusive?

Burlington Coat Factory has been accused of fostering a hostile work environment for transgender employees. In 2024, transgender employee Charlize Cunningham sued the company for discriminatory termination and failure to accommodate under the Americans with Disabilities Act. While Cunningham's discrimination claim was dismissed due to her inability to identify similarly situated employees who were treated more favorably, she is still pursuing her allegation that the company created a hostile work environment. In 2009, transgender worker Maya Perez also sued the company, claiming that she endured seven years of sexual harassment and discrimination due to her status as a transgender woman. Despite these lawsuits, Burlington Stores Inc. has publicly expressed support for LGBTQ rights and has implemented policies and initiatives that promote equality and inclusivity for all employees, including health benefits for domestic partners of employees and equal health coverage for transgender individuals.

Burlington Coat Factory's support for LGBTQ rights

Burlington Coat Factory has been a vocal supporter of LGBTQ rights and has actively promoted equality for all its employees. The company provides health benefits to the domestic partners of employees, participates in public events that support LGBTQ rights, and donates to organisations and politicians who support LGBTQ rights legislation.

The company has implemented several initiatives to foster an inclusive culture, including training for new hires and employees, tying executives' performance to diversity goals, and establishing policies that support an inclusive culture around gender identity and self-expression. They have also formed employee groups and diversity councils to support LGBTQ employees.

In addition, Burlington offers inclusive benefits such as health insurance equality for spouses or domestic partners of different-sex and same-sex couples, as well as equal health coverage for transgender individuals without excluding medically necessary care. Their policies include protections based on both sexual orientation and gender identity or expression for all operations.

The company has achieved a commendable score of 90/100 on the 2021 Corporate Equality Index by the Human Rights Campaign, reflecting their commitment to creating an inclusive and supportive environment for their LGBTQ employees.

Despite these efforts, Burlington Coat Factory has faced lawsuits from transgender employees alleging discrimination and sexual harassment. In one case, a transgender woman named Maya Perez claimed that she endured seven years of sexual harassment and discrimination based on her status as a transgender woman. She alleged that the company's management fostered a hostile environment and failed to intervene despite her complaints.

Another case involved a transgender employee, Charlize Cunningham, who sued the company for discriminatory termination and failure to accommodate under the Americans with Disabilities Act. While Cunningham's discrimination claim was dismissed due to her inability to identify similarly situated employees treated more favourably, she is still pursuing the allegation that the company created a hostile work environment.

Trans worker sues Burlington for sexual harassment

Maya Perez's Case

In 2009, a transgender worker, Maya Perez, sued Burlington Coat Factory, claiming that she endured seven years of sexual harassment and discrimination while working at their San Francisco store. Perez, who underwent sex reassignment surgery in 2001, said that one of her supervisors encouraged her to transition. However, when she spoke to senior management, she was told that it was wrong.

Perez's lawsuit outlines that over the next seven years, she was subjected to graphic sexualised conversations, presented with pornography, groped, and physically and verbally assaulted by customers. Despite her numerous complaints, Burlington's management failed to intervene.

Elizabeth Kristen, one of the lawyers representing Perez, stated:

> "San Francisco is noted for its tolerance, yet Ms. Perez's experience at Burlington Coat Factory shows that we still have work to do. A large percentage of transgender individuals living in the Bay Area have experienced harassment or discrimination in the workplace, which contributes to a high rate of unemployment among this population. It's a serious problem that needs to be addressed."

Charlize Cunningham's Case

In 2024, a transgender Burlington employee, Charlize Cunningham, filed claims of discriminatory termination and failure to accommodate under the Americans with Disabilities Act. However, Judge Noel L. Hillman dismissed these claims, citing Cunningham's failure to identify similarly situated employees who were treated more favorably. Cunningham also could not refute Burlington's stated reasons for her firing, which included poor performance, persistent lateness, and absences.

Despite the dismissal of her discrimination claims, Cunningham's allegation that Burlington created a hostile work environment will proceed.

Burlington's equal health coverage for transgender individuals

Burlington Coat Factory, or Burlington Stores Inc., has been a vocal supporter of LGBTQ rights and has been active in promoting equality for all employees. The company offers equal health coverage for transgender individuals, with no exclusions for medically necessary care. This includes health insurance equality for spouses or domestic partners of different-sex and same-sex couples.

The company has implemented several initiatives to foster an inclusive culture, including training for new hires and employees, tying executives' performance to diversity goals, and establishing employee groups and diversity councils to support LGBTQ employees. They also participate in public events that support LGBTQ rights and donate to organisations and politicians advocating for LGBTQ rights legislation.

Despite these efforts, Burlington Coat Factory has faced lawsuits from transgender employees alleging discrimination and sexual harassment. In one case, a transgender woman named Maya Perez claimed that she endured seven years of sexual harassment and discrimination based on her status as a transgender woman. She alleged that management fostered a hostile environment, subjected her to graphic sexualised conversations, and allowed customers and coworkers to physically and verbally assault her.

In another instance, a transgender employee named Charlize Cunningham filed a lawsuit claiming discriminatory termination and failure to accommodate under the Americans with Disabilities Act. While Burlington Coat Factory won dismissal of Cunningham's discrimination claim, they still have to defend against her allegation of creating a hostile work environment.

These lawsuits highlight the complexities and ongoing challenges faced by transgender individuals in the workplace, even in companies that publicly advocate for LGBTQ rights. It is essential for organisations to continuously evaluate and improve their policies and practices to ensure true equality and inclusivity for transgender individuals.

Trans worker alleges discriminatory termination

A transgender worker, Maya Perez, who underwent transition surgery while employed at a Burlington Coat Factory in San Francisco, claimed that she endured seven years of sexual harassment, prompting a lawsuit against the company. Perez said that one of her supervisors encouraged her to transition, but when she talked to senior Burlington management about it, she was told that it was wrong.

Perez endured groping, a supervisor who subjected her to sexually graphic conversations, and customers who were allowed to physically and verbally assault her. Management failed to intervene to stop the abuse, despite several complaints by Perez. The Legal Aid Society Employment Law Center filed complaints on Perez's behalf for sexual harassment and discrimination with the San Francisco Superior Court.

In a separate case, a transgender employee of Burlington Coat Factory Warehouse Corp., Charlize Cunningham, claimed discriminatory termination and failure to accommodate under the Americans with Disabilities Act. However, her discrimination claim was dismissed due to her failure to identify similarly situated employees who were treated more favorably. Cunningham also failed to rebut Burlington's stated reason for firing her, which was poor performance, persistent lateness, and absences.

Despite these legal setbacks, Burlington Coat Factory still faces allegations of creating a hostile work environment for transgender individuals.

Burlington's initiatives for an inclusive culture

Burlington Stores Inc. has demonstrated its commitment to fostering an inclusive culture that embraces diversity and equality for all employees, including those from the LGBTQ+ community. The company has implemented several initiatives and policies that promote and protect the rights of its LGBTQ+ employees, ensuring they feel valued and respected in the workplace.

One of Burlington's key initiatives is providing health benefits to domestic partners of employees, regardless of sexual orientation. This equality in health insurance coverage extends to spouses or domestic partners of both different-sex and same-sex couples, as well as equal health coverage for transgender individuals without exclusions for medically necessary care. By recognising and meeting the health needs of its LGBTQ+ employees and their families, Burlington takes a significant step towards creating an inclusive environment.

The company also actively participates in public events that advocate for LGBTQ+ rights and supports organisations and politicians working towards LGBTQ+ rights legislation. This external support translates to internal practices, with Burlington offering training for new hires and employees, tying executive performance to diversity goals, and establishing employee groups or diversity councils to support LGBTQ+ employees. These initiatives ensure that all staff members are educated about LGBTQ+ rights and that the company's leadership is held accountable for fostering an inclusive culture.

Additionally, Burlington has implemented inclusive workforce protections with policies encompassing both sexual orientation and gender identity or expression for all operations. These protections ensure that LGBTQ+ employees can confidently express their authentic selves in the workplace without fear of discrimination or harassment. The company's commitment to inclusivity is further evidenced by its score of 90/100 on the 2021 Corporate Equality Index by the Human Rights Campaign, reflecting its dedication to creating a safe and welcoming environment for all employees.

While Burlington has made significant strides towards inclusivity, it is important to acknowledge that there have been allegations of discrimination and failure to accommodate transgender employees, as evidenced by lawsuits filed by Maya Perez and Charlize Cunningham. These incidents highlight areas where Burlington can further strengthen its commitment to creating a safe and inclusive workplace for its transgender employees, ensuring that all staff members feel valued and respected regardless of their gender identity.

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